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Estate Planning

Estate Planning for Minors

Estate Planning for Minors in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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Estate planning at different ages
Estate Planning

Estate planning at different ages

Estate Planning at Different Ages At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills, and

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Probate litigation
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Probate litigation

Probate Litigation: New York Probate Lawyer Dealing with the loss of a loved one is challenging enough without the added stress of handling their estate.

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Inheritance Dispute
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Inheritance Disputes

Inheritance Dispute Lawyer in New York Inheritance disputes can be highly complex and emotionally charged, particularly when family members are involved. If a loved one

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Will contest
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Will Contest

Will Contest Lawyer in New York Challenging the validity of a will can be a complex and emotional process. At Morgan Legal Group, located in

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Guardianship Proceedings
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Guardianship Proceedings

New York Guardianship Proceedings Guardianship proceedings are crucial in protecting the rights and assets of incapacitated individuals. In many cases, an incapacitated person may fall

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Accounting

Navigating Estate Litigation and Trust Administration in New York Estate and trust administration issues can be complex, especially when dealing with asset accounting and managing

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Estate Litigation Law
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Estate Litigation Law

Expert Estate Litigation in New York with Morgan Legal Group Estate litigation involves numerous challenges, particularly when you’re coping with the loss of a loved

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Trust Reformation
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Trust Reformation

New York Trust Reformation Lawyer Trust reformation is a complex process that involves modifying a trust to correct issues and ensure it aligns with the

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Spousal right of election lawyer New York
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Spousal Right of Election

Spousal Right of Election in New York Understanding the spousal right of election is crucial for protecting the inheritance rights of a surviving spouse. At

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Real Estate Partition Action
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Real Estate Partition Action

Real Estate Partition Action Real estate partition actions can be complex and emotionally charged, particularly when multiple parties own property and cannot agree on its

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Protection of Beneficiary Rights
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Protection of Beneficiary Rights

Protection of Beneficiary Rights Ensuring the rights of beneficiaries is a critical aspect of estate planning and administration. At Morgan Legal Group, located in New

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Fraudulent Transfer Attorney
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Fraudulent Transfers

Fraudulent Transfer Attorney in New York Cases involving fraudulent transfers and undue influence in estate law can be complex and emotionally charged. These situations often

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Contested Powers of Attorney
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Contested Powers of Attorney

Contested Powers of Attorney in New York A power of attorney (POA) is a crucial document that grants legal authority to another party (agent) to

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Estate Litigation
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Estate Litigation

Comprehensive Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Real Estate Litigation
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Real Estate Litigation

Comprehensive Real Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Fireworks laws NY
Estate Planning

Fireworks Laws

Understanding Fireworks Laws in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills,

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Family Law
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Family Law

Comprehensive Family Law Services at Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Divorce Practice
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Divorce

Understanding Divorce in New York Divorce is the legal dissolution of a marriage by a court. In New York, divorce can be complex, involving various

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What is Credit Life Insurance in New York 2024?
Estate Planning

What is credit life insurance?

What is Credit Life Insurance in New York 2024? At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Life Insurance and Probate
Estate Planning

Life insurance and probate

Life Insurance and Probate: Understanding the Connection At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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How to make good estate plans
Estate Planning

How to make good estate plans

How to Make Good Estate Plans in New York 2024 At Morgan Legal Group, located in New York City, we specialize in estate planning, probate,

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The Importance of Estate Planning in New York
Estate Planning

Importance of estate planning

The Importance of Estate Planning in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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If you die with or without a will, your estate will go through a process called probate. The probate process is a very stressful, expensive and time-consuming process which a lot of wise estate owners try to avoid.

This process can make it difficult for the beneficiaries of your estate to receive your assets in time and move on with their various lives. You can plan an estate that avoids this stringent process. However, to do so, you will need the help of a competent estate planning attorney.

Also, if you have issues with the probate Buffalo, NY, process, don’t hesitate to contact a probate lawyer, Buffalo, NY.

Take us take a good look at what probate is.

What is Probate?

Probate is a process that is carried out to determine the validity or authenticity of a will. This legal process, which can be very challenging, expensive, and lengthy, also refers to the administration of a deceased will or the estate of an individual without a will.

After the death of an estate owner, the court chooses either an executor indicated in the will or an administrator (if there exist no will) to administer the probate process. The probate process involves obtaining the assets of a deceased individual to settle all outstanding debts remaining on the individual’s estate, and sharing the assets of the estate to the designated beneficiaries.

Probate Without a Will

When an individual dies without creating a will, he is said to have died intestate. An intestate estate is also one where the will tabled before the court is said to be invalid. The probate process for an intestate estate is quite different from that of an estate with a will. Assets distributed in this case are usually based on the state laws. If a decedent lacks assets, probate may not be required.

Generally, a probate court proceeding usually begins with the nomination of an administrator to supervise the estate of the decedent. This individual acts as an executor, collecting all legal claims against the estate and settling all unpaid debts.

The estate administrator is charged with locating any legal heirs of the decedent, including surviving spouses, children, and parents. The probate court will evaluate what assets needs to be shared among the legal heirs and how they should be shared. The probate laws in a lot of states divide property among the surviving spouses and children of the decedent.

How to Prevent probate

Probate is a costly, time-consuming and stressful process that you should avoid at all cost. As an estate owner, the best way to ensure that your loved ones don’t experience the difficult probate process is by creating a trust and outing you assets in the trust.

The executor

A will normally designate a legal rep or executor accepted by the probate court. This individual is charged with the duty of locating and monitoring all the assets of the decedent. The executor has to evaluate the value of the estate by adopting the date of death value of the alternate valuation date, as stated by the Internal Revenue Code (IRC).

Not all assets are subject to probate. However, those assets that are subject to this process come under the supervision of the probate court in a location where the decedent resided at death. The exception is real estate. Probate for real estate may need to be moved to any country in which the real estate is based.

It is the duty of the executor to settle any taxes and debt owned by the decedent from the estate proceedings. Creditors usually have a little amount of time (around a year) from the date of death to table any claim against the estate for money owed to them.   Clams that are refused by the estate executor can be taken to court where a probate judge will have the ultimate day regarding the matter.

In addition, the estate executor is responsible for filing the ultimate, personal income tax returns on behalf of the decedent. All pending estate taxes can also become due within a year from the death of the estate owner.  After inventorying the estate, the value of the assets are determined and debts are settled. Afterward, the executor will then request for go-ahead from the court to share whatever is left of the estate to the designated beneficiaries.

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